Wednesday, January 20, 2016

Liabilities of the absolute community of property of the married spouses

What
liabilities are chargeable to the absolute community of property of the married
spouses?

Art. 94 of the Family Code provides
that the absolute community of property shall be liable for:

(1)
The support of the spouses, their common children, and legitimate children of
either spouse; however, the support of illegitimate children shall be governed
by the provisions of this Code on Support;

(2) All debts
and obligations contracted during the marriage by the designated
administrator-spouse for the benefit of the community, or by both spouses, or
by one spouse with the consent of the other;

(3) Debts and
obligations contracted by either spouse without the consent of the other to the
extent that the family may have been benefited;

(4) All
taxes, liens, charges and expenses, including major or minor repairs, upon the
community property;

(5) All taxes
and expenses for mere preservation made during marriage upon the separate
property of either spouse used by the family;

(6) Expenses
to enable either spouse to commence or complete a professional or vocational
course, or other activity for self-improvement;

(7)
Ante-nuptial debts of either spouse insofar as they have redounded to the
benefit of the family;

(8) The value
of what is donated or promised by both spouses in favor of their common
legitimate children for the exclusive purpose of commencing or completing a
professional or vocational course or other activity for self-improvement;

(9)
Ante-nuptial debts of either spouse other than those falling under paragraph
(7) of this Article, the support of illegitimate children of either spouse, and
liabilities incurred by either spouse by reason of a crime or a quasi-delict,
in case of absence or insufficiency of the exclusive property of the
debtor-spouse, the payment of which shall be considered as advances to be
deducted from the share of the debtor-spouse upon liquidation of the community;
and

(10) Expenses
of litigation between the spouses unless the suit is found to be groundless.

The same
provision states that if the community property is insufficient to cover the
foregoing liabilities, except those falling under paragraph (9), the spouses
shall be solidarily liable for the unpaid balance with their separate
properties.

What is the
rule on gambling by a spouse?

Art. 95 of the Family Code provides that
“whatever may be lost during the marriage in any game of chance, betting,
sweepstakes, or any other kind of gambling, whether permitted or prohibited by
law, shall be borne by the loser and shall not be charged to the community but
any winnings therefrom shall form part of the community property.”